Disposed

Kalaselvi v. The State of Tamil Nadu, Represented by

Madras HC12 Dec 2024WP(MD)/30216/2024

Case brief

AI extract

What is this about?

A writ petition was filed by the wife of a detenu alleging non-furnishing of detention documents. The State contended the detenu refused receipt. The Court declined to adjudicate the factual controversy at that stage, leaving the issue open, and disposed of the petition upon the assurance that documents would be served immediately.

What did the court decide?

Directed immediate service of detention order, grounds and booklet.

Kalaselvi Vs The State of Tamil Nadu, Represented by — Bail and Remand | Madras HC (2024)

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W.P(MD)No.30216 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 12.12.2024

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CORAM

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THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MS.JUSTICE R.POORNIMA

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W.P(MD)No.30216 of 2024

Kalaselvi

... Petitioner

Vs.

1.The State of Tamil Nadu, Rep. by, The Principal Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Secretariat, Chennai - 9.

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2.The Director General of Police / Director General of Prisons and Correctional Services,

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No.1, Gandhi Irvin Road, Egmore, Chennai - 8.

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3.The District Collector, Office of the District Collector, Tirunelveli District.

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4.The Superintendent of Prison, Palayamkottai Central Prison, Tirunelveli District. ... Respondents

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Prayer : Writ Petition filed under Article 226 of the Constitution of

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India, praying this Court to issue a Writ of Mandamus, to direct the

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.30216 of 2024

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respondents to serve the detention order, grounds of detention and booklet relating to M.H.S.Confdl.No.192/2024 on the file of the Respondent No.3 to the petitioner's husband by name Madasamy son of Nani now detained as “Black Marketer” at Palayamkottai Central Prison forthwith.

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For Petitioner : Dr.R.Alagumani For Respondents : Mr.T.Senthil Kumar, Addl. Public Prosecutor.

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ORDER

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(Order of the court was delivered by G.R.Swaminathan, J.)

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The petitioner is the wife of the detenu. The petitioner's husband

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was detained as “Black Marketeer”. The petitioner contends that the detention order, grounds of detention and booklet have not been furnished.

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2.The learned Additional Public Prosecutor on the other hand

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would contend that the detenu refused to receive the same.

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.30216 of 2024

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3.We do not want to go into the factual controversy. This issue is left open. It will be considered when it is factually raised as a ground of attack.

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4.The learned Additional Public Prosecutor informs the Court that

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today ie., 12.12.2024 itself the papers will be served on the learned counsel for the petitioner.

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4.Recording the said submission, this writ petition is disposed of.

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No costs.

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(G.R.S. J.,) & (R.P. J.,) 12.12.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias

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To:-

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1.The The Principal Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Secretariat, Chennai - 9.

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.30216 of 2024

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2.The Director General of Police / Director General of Prisons and Correctional Services,

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No.1, Gandhi Irvin Road, Egmore, Chennai - 8.

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3.The District Collector, Office of the District Collector, Tirunelveli District.

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4.The Superintendent of Prison, Palayamkottai Central Prison, Tirunelveli District.

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5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.30216 of 2024

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G.R.SWAMINATHAN, J. and R.POORNIMA, J.

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ias

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W.P(MD)No.30216 of 2024

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12.12.2024

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https://www.mhc.tn.gov.in/judis

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Kalaselvi v. The State of Tamil Nadu, Represented by

Case brief

What is this about?

What did the court decide?

Kalaselvi v. The State of Tamil Nadu, Represented by

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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